Article 6. Prohibitions and Enforcement

§5-601   Falls City Code   §5-606

Article 6. Prohibitions and Enforcement
§5-601 PASSING; INTERSECTIONS. The driver of a vehicle shall
not overtake and pass another vehicle proceeding in the same
direction, while traversing a street intersection, if such passing
requires such overtaking vehicle to drive to the left of the center
of the street. (Ref. 39-625 RS Neb.)
§5-602 PASSING; HINDRANCE. The driver of a vehicle about to be
overtaken and passed by another vehicle shall not increase the
speed of his vehicle until completely passed by the overtaking
vehicle. (Ref. 39-622 RS Neb.)
§5-603 FOLLOWING; DISTANCE. The operator of a vehicle shall not
follow another vehicle more closely than is reasonable and prudent
having due regard for the speed of such vehicle, and traffic and
the condition of the street. (Ref. 39-629 RS Neb.)
§5-604 FOLLOWING; FIRE APPARATUS. The driver of any vehicle
shall not follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet (500′), or drive into, or park
such vehicle within the block where fire apparatus has stopped in
answer to a fire alarm. (Ref. 39-681 RS Neb.)
§5-605 SIGNS; DEFACING OR INTERFERING WITH. It shall be
unlawful for any person to willfully deface, injure, remove,
obstruct or interfere with any official traffic sign or signal.
(Ref. 39-714.04 RS Neb.)
§5-606 SIGNS; UNAUTHORIZED DISPLAY. It shall be unlawful for
any person to maintain or display upon, or in view of any street,
any unofficial sign, signal or device which purports to be, is an
imitation of, or resembles an official traffic sign or signal which
attempts to direct the movement of traffic, or which hides from
view, or interferes with the effectiveness of any official sign or
signal. Every such prohibited sign, signal, or device is hereby
declared to be a public nuisance, and any police officer is hereby
empowered to remove the same, or cause it to be removed, without
notice. (Ref. 39-791 RS Neb.)
§5-607 SPEED LIMITS. No person shall operate a motor vehicle on
any street, or other place within the corporate limits at a rate of
speed greater than twenty-five (25) miles per hour or on any alley
at a rate of speed greater than fifteen (15) miles per hour unless
otherwise set by ordinance or resolution and posted as provided by
law.
The following streets shall have the speed limit set as hereinafter
provided:
1. Harlan Street:
No person shall drive a motor vehicle on Harlan Street at a
rate of speed in excess of the following:
a. Forty (40) miles per hour from the south corporate limits
north to 8th Street;
b. Thirty-five (35) miles per hour from 8th Street north to
14th Street;
c. Thirty (30) miles per hour from 14th Street north to 21st
Street;
d. Thirty-five (35) miles per hour from 21st Street north to
a point 200 feet north of 26th Street;
e. Forty-five (45) miles per hour from a point 1200 feet
north of 26th Street;
f. Sixty (60) miles per hour from a point 1200 feet north of
26th Street north to the north corporate limits;
g. Twenty-five (25) miles per hour between 24th Street and
26th Street at any time when the school crossing flashing
yellow lights have been activated.
2. East 14th Street:
No person shall drive a motor vehicle on 14th Street east of
Harlan Street at a rate of speed in excess of the following:
a. Thirty-five (35) miles per hour from Harlan Street east
to the east city limits;
b. Twenty-five (25) miles per hour between Weaver Street and
McLean Street at any time when the school crossing
flashing yellow lights have been activated;
c. Twenty-five (25) miles per hour from a point 75 feet east
of Lane Street east to a point 300 feet east of Morton
Street at any time when the school crossing flashing yellow
lights have been activated.
3. West 21st Street:
No person shall drive a motor vehicle on 21st Street west of
Harlan Street at a rate of speed in excess of the following:
a. Twenty-five (25) miles per hour from Harlan Street west
to Crook Street;
b. Thirty-five (35) miles per hour from Crook Street west to
the west city limits;
4. Congested District:
No person shall drive a motor vehicle upon the streets within
the “congested district” of the Municipality as defined in Section
5-608 at a rate of speed in excess of twenty (20) miles per hour.
(Ord. #95-117; Amended: Ord. #97-103)
§5-608 CONGESTED DISTRICT. The “congested district” shall
consist of that portion of the streets, alleys, and highways in the
Municipality bounded on the west by the west line of Chase Street,
on the east by the east line of Harlan Street, on the south by the
south line of 13th Street, and on the north by the south line of
21st Street.
§5-609 SPEED, NEAR SCHOOLS. It shall be unlawful for the driver
of any vehicle, when passing premises on which school buildings are
located, and which are used for school purposes, during school
recess, or while children are going to, or leaving school during
the opening or closing hours to drive such vehicle at a rate of
speed in excess of twenty (20) miles per hour past such premises,
and such driver shall stop at all stop signs located at, or near,
such school premises, and it shall be unlawful for such driver to
make a U-turn at any intersection where such stop signs are located
at, or near, such school premise. (Ref. 39-663 RS Neb.)
§5-610 RECKLESS DRIVING. Any person who drives a motor vehicle
in such a manner as to indicate an indifferent or wanton disregard
for the safety of persons or property shall be deemed to be guilty
of reckless driving. (Ref. 39-669.01, 39-669.02, 39-669.26 RS
Neb.)
§5-611 NEGLIGENT DRIVING. Any person who shall drive, use,
operate, park or stop a vehicle in a negligent manner or shall
interfere with the moving traffic or use of the streets, shall be
deemed guilty of negligent driving.
§5-612 SCREECHING OF TIRES. The operation of any motor vehicle
in such a way as to cause the tires thereof to screech except where
the same is necessarily caused in an emergency in
an attempt by the operator to avoid an accident or the causing of
damage or injury shall be deemed a violation of this Chapter.
§5-613 CARELESS DRIVING. Any person who drives any motor
vehicle in this Municipality carelessly or without due caution so
as to endanger a person or property shall be guilty of careless
driving. (Ref. 39-669 RS Neb.)
§5-614 MUNICIPAL PARK. No person, except an employee of the
Municipality when on official business, shall operate a motor
vehicle in any Municipal Park of the Municipality of Falls City at
any other place than on a regular and well defined roadway provided
for the operation of such vehicles.
§5-615 IMPEDING TRAFFIC. No motor vehicle shall be
unnecessarily driven at such a slow speed as to impede or block the
normal and reasonable movement of traffic.
§5-616 ACCIDENT; DRIVER’S DUTY. The driver of any vehicle
involved in an accident upon a public highway, private road, or
private drive, resulting in injury or death to any person shall:
1. Immediately stop such vehicle at the scene of the
accident.
2. Give his name, address, and the registration number of
his vehicle, and exhibit his operator’s, or chauffeur’s license, to
the person struck, or the driver, or occupants, of any vehicle
collided with.
3. Render to any person injured in such accident reasonable
assistance, including the carrying of such person to a physician or
surgeon for medical or surgical treatment if it is apparent that
such treatment is necessary, or is required by the injured person.
The driver of any vehicle involved in an accident, whether
upon the public highway, private road, or private drive, resulting
in damage to property shall:
1. Immediately stop such vehicle at the scene of the
accident.
2. Give his name, address, and the registration number of
his vehicle, and exhibit his operator’s, or chauffeur’s license to
the owner of the property struck, or the driver, or occupants of
any other vehicle involved in the collision.(Ref. 39-6,104.01, 39-
6,104.02 RS Neb.)
§5-617 RADAR DEVICE; PROHIBITED. It shall be unlawful for any
person to operate or possess any radar transmission device while
operating a motor vehicle on any road, street, highway, or
interstate highway in this Municipality; except that this section
shall not apply to any such device which has been lawfully licensed
by the Federal Communications Commission or is being used by law
enforcement officials in their official duties.
For purposes of this section unless the context otherwise
requires:
(1) Radar transmission device shall mean any mechanism
designed to interfere with the reception of radio microwaves in the
electromagnetic spectrum, which microwaves, commonly referred to as
radar, are employed by law enforcement officials to measure the
speed of motor vehicles;
(2) Possession shall mean to have a device defined above in
a motor vehicle if such device is not:
(a) Disconnected from all power sources, and
(b) In the rear trunk, which shall include the spare
tire compartment, or any other compartment which is not
accessible to the driver or any other person in the vehicle
while such vehicle is in operation. If no such compartment
exists in a vehicle, then such device must be disconnected
from all power sources and be placed in a position not readily
accessible to the driver or any other person in the vehicle;
and
(3) Transceiver shall mean an apparatus contained in a single
housing, functioning alternately as a radio transmitter and
receiver. (Ref. 39-6,205 through 39-6,207 RS Neb.)
§5-618 MOTORCYCLES; HELMET REQUIRED. A person shall not operate
or be a passenger on a motorcycle or moped on any highway unless
such person is wearing a protective helmet of the type and design
manufactured for use by operators of such vehicles and unless such
helmet is secured properly on his or her head with a chin strap
while the vehicle is in motion. All such protective helmets shall
be designed to reduce injuries to the user resulting from head
impacts and shall be designed to protect the user by remaining on
the user’s head, deflecting blows, resisting penetration, and
spreading the force of impact. Each such helmet shall consist of
lining, padding, and chin strap and shall meet or exceed the
standards established in the United States Department of
Transportation’s Federal Motor Vehicle Safety Standard No. 218, 49
C.F.R. 571.218, for motorcycle helmets. (Ref. 60-6,278 through
60-6,282 RS Neb.)Amended Ord. 94-113.
§5-619 DRIVING ON SHOULDERS OF HIGHWAY. No person shall drive
on the shoulders of highways, except that (1) vehicles may be
driven onto the shoulders of roadways (a) by federal mail carriers
while delivering the United States mail or (b) to safely remove a
vehicle from traffic lanes and (2) implements of husbandry may be
driven onto the shoulders of roadways. (Ref. 39-631 RS Neb.)
§5-620 CHILD PASSENGER RESTRAINT SYSTEM; USE REQUIRED;
EXCEPTIONS.

1. Any person driving any motor vehicle which has or is
required to have an occupant protection system, shall ensure that
all children under the age of four (4) or weighing less than forty
(40) pounds being transported in such vehicle use a child restraint
system, of a type which meets Federal Motor Vehicle Safety Standard
213 as developed by the Highway Safety Administration as of the
effective date of this act and which is correctly installed in such
vehicle and all children weighing forty (40) pounds or more or at
least four (4) years of age and younger than five (5) years of age
being transported in such vehicle use an occupant protection
system. Provided, however, this section does not apply to
taxicabs, mopeds, motorcycles, and any other vehicle designated by
the manufacturer as a 1963 year model or earlier which is not
equipped with an occupant protection system.
2. Whenever any physician licensed to practice medicine in
Nebraska determines through accepted medical procedures, that use
of a child passenger restraint system by a particular child would
be harmful by reason of the child’s weight, physical condition or
other medical reason, the provisions of subsection 1 of this
section shall be waived. The driver of any vehicle transporting
such a child shall carry on his or her person or in the vehicle a
signed written statement of the physician identifying the child and
stating the grounds for such waiver.
3. The drivers of authorized emergency vehicles as defined
in section 39-602 RS Neb., shall not be subject to the requirements
of subsection 1 of this section when operating such authorized
emergency vehicles pursuant to their employment.
(Ref. 39-6,103.01 RS Neb.)
§5-621 OCCUPANT PROTECTION SYSTEM; USE REQUIRED; EXCEPTIONS.
1. Except as provided in subsection 2 of this section, no
driver shall operate a motor vehicle upon a highway or street
unless (a) the driver and each front seat occupant in the vehicle
are wearing occupant protection systems, (b) any child passenger
required by section 5-620 of this Code and section 39-6,103.01 RS
Neb., to be transported in a child passenger restraint system is
using such system, and (c) all occupant protection systems and
child passenger restraint systems worn or used are properly
adjusted and fastened.
2. The following persons shall not be required to wear an
occupant protection system:
(a) A person who possesses written verification from a
physician that the person is unable to wear an occupant
protection system;
(b) A rural letter carrier of the United States Postal
Service while performing his or her duties as a rural letter
carrier between the first and last delivery points; and
(c) A member of an ambulance or rescue service unit while
involved in patient care.
3. For purposes of this section, motor vehicle shall mean a
vehicle required by section 39-6,171 RS Neb., to be equipped with
an occupant protection system.
4. For purposes of section 5-620 and this section, occupant
protection system shall mean a system utilizing a lap belt, a
shoulder belt, or any combination of belts installed in a motor
vehicle which (a) restrains drivers and passengers and (b) conforms
to Federal Motor Vehicle Safety Standards, 49 C.F.R. 571.208,
571.209, and 571.210 or to the federal motor vehicle safety
standards for passenger restraint systems applicable for the motor
vehicle’s model year. (Ref. 39-602(59), 39-6,103.07 RS Neb.)
§5-622 DISREGARD OF SIGNS OR BARRICADES. It shall be unlawful
for any person to drive any vehicle on any public street, a portion
thereof, across or around which portion there is a barrier or sign
warning persons not to drive over or across such portion, or a sign
stating that the street is closed, these signs, person or barriers
being authorized by lawful authority.
§5-623 SNOWMOBILES; OPERATION ON PUBLIC WAYS. No person shall
operate a snowmobile upon the streets, alleys, public highways or
upon public property of the Municipality. For purposes of this
section, snowmobile shall mean a self-propelled motor vehicle
designed to travel on snow or ice or natural terrain steered by
wheels, skis or runners and propelled by a belt-driven tract with
or without steel cleats. (Ref. 60-2001 RS Neb.)
§5-624 ALL-TERRAIN VEHICLES; OPERATION. (1) Except as provided in
subsections (2) through (4) of this section, an all-terrain vehicle
shall not be operated on any street, road, or highway within the
Municipality. The crossing of any controlled-access highway shall
not be permitted.
(2) The crossing of a street, road, or highway shall be
permitted only if:
(a) The crossing is made at an angle of approximately
ninety (90) degrees to the direction of the street, road, or
highway and at a place where no obstruction prevents a quick
and safe crossing;
(b) The vehicle is brought to a complete stop before
crossing the shoulder or roadway of the street, road, or
highway;
(c) The operator yields the right-of-way to all oncoming
traffic that constitutes an immediate potential hazard;
(d) In crossing a divided street, road, or highway, the
crossing is made only at an intersection of such street, road,
or highway with another street, road, or highway; and
(e) Both the headlight and taillight of the vehicle are
on when the crossing is made.
(3) An all-terrain vehicle may be operated on a street, road,
or highway when such operation occurs only between the hours of
sunrise and sunset and such operation is incidental to the
vehicle’s use for agricultural purposes. Any person operating an
all-terrain vehicle on a street, road, or highway shall have a
valid Class O operator’s license or a farm permit as provided in
section 60-4,126 RS Neb., and shall not operate such vehicle at a
speed in excess of thirty (30) miles per hour. When operated on a
street, road, or highway, the headlight and taillight of the
vehicle shall be on and the vehicle shall be equipped with a
bicycle safety flag which extends not less than five feet (5′)
above the ground attached to the rear of such vehicle. The bicycle
safety flag shall be triangular in shape with an area of not less
than thirty (30) square inches and shall be day-glow in color.
(4) All-terrain vehicles may be operated on streets, roads, or
highways in parades which have been authorized by the State of
Nebraska or the Municipality. (Ref. 60-6,356 RS Neb.)Added Ord.
94-114.
§5-625 ENGINE BRAKES PROHIBITED. The use of engine brakes is
prohibited within the corporate limits of the City of Falls City.
(Added Ord. 2007-117)